GOVERDHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal for impugning the order of conviction and sentence recorded against him by the learned Sessions judge Mandsaur in S.T. No. 10 of 1988 by which the appellant has been convicted for an offence under S. 366, IPC and has been sentenced for R.I. for four years.

(2.) The prosecution case in brief is that on 7-1-88 the appellant gave a message to Sadhana daughter of P.W. 2 Nandkishore that her father Nandkishore had called her to Pashupati Nath temple at Mandsaur. Believing that message, Sadhana left her parents' house. Thereafter, the appellant and Sadhana went to Mandsaur and at Mandsaur, after taking DARSHAN of Lord Pashupatinath, the appellant told her that she should marry with him otherwise, he would put her to defamation which would make it difficult for her to marry. Thereafter, the appellant took her to a Notary, stationed at District Court premises and got an affidavit sworn declaring that she was marrying the appellant. The prosecution further alleged that the appellant and Sadhana stayed at Jain Vishram Graha on 8-1-88 from where they were taken in custody by the police on a complaint made by Nand Kishore, father of Sadhana.

(3.) After necessary investigation, the appellant was prosecuted for an offence punishable under S. 366, IPC before the Sessions Judge Mandsaur, who after recording and appreciating the evidence, concluded that the charge levelled against the appellant stands proved and, thereafter, the trial Court passed an order of conviction and sentence, which is being challenged in this appeal.